• Personal Injury Law

    Free Consultation

  • This field is for validation purposes and should be left unchanged.

Fatal Wheeling Car Accident

Our community suffered a tragic loss this past month.

Most people follow the traffic laws to keep the roads safe. However, tragically, some accidents occur when others don’t follow laws. In some cases, these cases lead to severe injuries and fatal accidents. Unfortunately, one such accident occurred in Wheeling involving a Mount Prospect family.

Milwaukee Avenue Accident

While fleeing from an earlier car accident, Adam Grunin hit the family car of the Lendino family. Around 2 PM on Saturday July 22, 2018, his Hyundai hit their Chevrolet Equinox at a speed of 107 MPH. Tragically, 16-year-old Alyssa Lendino lost her life. The accident also injured seven others.

The accident occurred on southbound Milwaukee Avenue at Hintz Road in Wheeling. Adam Grunin, 30, was charged after officials said he was involved in a “minor property damage traffic crash” around 499 S. Milwaukee Ave. After the accident, he fled the scene. Police said he then rear ended a Chevrolet Equinox at the intersection of Milwaukee Avenue and Hintz Road Wheeling. The impact of the crash forced the Equinox into the intersection where it hit a Toyota Tundra making a left turn.

“It’s apparent the motor vehicle Mr. Grunin was driving was used as a dangerous weapon,” the judge said.

Please follow the laws after an accident. Our thoughts and prayers go out to the family and friends of the Lendino family.p

Recently, the community has rallied around the Lendino family with fundraisers. Two fundraising lemonade stands opened in Mount Prospect over the past weekend to benefit the Lendino family.

What Do You If a Loved One Dies in a Car Accident?

First, in Illinois, a personal representative of a deceased person’s estate may file a wrongful death claim. Examples of personal representatives include:

  • a spouse of the deceased
  • a parent of a minor child who died, or
  • an adult child of the deceased

However, if a person dies without appointing a personal representative in his or her estate plan, the court may appoint a personal representative.

Next, in Illinois, you must file a wrongful death lawsuit within the time limit set by the “statute of limitations” for the underlying type of case, or within one year of the date of the deceased person’s death, “whichever date is the later.” For personal injury cases, which must file within 2 years of the date of the accident, the personal representative has at least one year, and as much as two years, to get the initial lawsuit filed in the Illinois court system. If you do not file within the applicable time limit, the court may refuse to hear it at all.

Lastly, if you’ve got questions about how the Illinois filing deadline applies to your specific wrongful death case, speak to an experienced wrongful death attorney.

Do You Need a Personal Injury Lawyer?

If you or a loved one has been injured and need help with an insurance claim, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf.

Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd.helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

 

Liability After an Amusement Park Accident

amusement park accident

Roller coasters, funnel cakes, and lots of laughter bring many families to amusement parks every summer. And you assume you don’t need to worry about anything. Families can have fun and stay safe. Every year families gather to go to water parks and amusement parks during the summer months all over the country. More thrilling rides attracts visitors to enter the parks with excitement and brings them back every year. Unfortunately, amusement parks can bring danger. If the rides at the parks are not maintained, they are no longer safe to ride for any age group. In fact, going on those rides could become a life-threatening event.

According to International Association of Amusement Parks and Attractions, approximately 375 million people visit a theme park each year in North America.  In a study done by Nationwide Children’s Hospital, 92,885 children under age 18 were treated to emergency rooms due to injuries caused by rides at amusement parks. This averages to 4,423 injured per year on rides. The study also concluded that most of the injuries were head injuries due to hitting a hard floor.

Common injuries from a ride include head, neck and back injuries. Roller coasters that go in loops, backwards and sharp turns can create stress on a body which may result in the neck and back injury.

Injuries range from broken bones and concussion due to

  • Amputation
  • Electrocution
  • Paraplegia
  • Traumatic brain injury
  • Wrongful death

[Read more…]

Wrongful Death Suits after a Fatal Motorcycle Accident

fatal motorcycle accident

After you have lost a loved one who was killed in a motorcycle accident, you may feel lost. You may not know what to do next. Every day, many motorcyclists and motorists share the same roads around the greater Chicago area with thousands of drivers. Many responsible people abide by local and state laws to ensure public safety on the road.  However, fatal accidents do occur. For example, on July 1, 2018, Lonie Krzywda, 57, of Des Plaines, was involved in the crash near Route 53 and Thorndale Avenue. She was taken to Lutheran General Hospital where she died from complications from injuries sustained in the crash.

During the summer months, many young and older adults residing in the greater Chicago area proudly ride their motorcycles in the roads around the city. However, many motorists driving cars and trucks apparently do not respect motorcyclists on the roads. Although motorcyclists have many safety tips and their own licensing, fatal accidents do occur often.

In many cases, a fatal motorcycle accident results from the negligence of another motorist. Although a fact based determination, if negligence played a role in the fatal motorcycle accident, you may have a civil action against the driver. These accidents can involve a car or a truck. Unfortunately, some motorcyclists, like Ms. Krzywda, have lost their lives in accidents due to an accident with a car.

Types of Compensation for Wrongful Death

The plaintiffs in motorcycle accident wrongful death claims can obtain compensation for:

  • Medical expenses that accumulated prior to death
  • Funeral and burial expenses
  • Loss of future income
  • Loss of support
  • Benefit Loss
  • Other monetary losses suffered as a result of the victim’s wrongful death
  • Non-monetary damages, including loss of companionship and affection

How to Find an Attorney After a Fatal Motorcycle Accident

Filing a lawsuit requires the assistance of a competent wrongful death suit attorney who specializes in:

  • Handling many complex cases in the Chicago area.
  • Helping you make sense of the untimely death of your loved one.
  • Explaining all of your options in order to receive compensation.
  • Mounting the strongest case possible on your behalf.
  • Bringing justice to the person who caused the tragic loss due to his or her misconduct or negligence.
  • Assisting you in receiving monetary damages to which you are entitled.

Consult with an experienced attorney who understands the laws pertaining to your case: the fatal motorcycle accident involving your loved one or friend.

If you or a loved one has been injured and need help with an insurance claim, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf.
Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

Wrongful Death

wrongful death

Wrongful death is a claim brought by a party against a defendant who caused the death of a close family member. A wrongful death action gives an opportunity to the estate of the deceased person to bring a lawsuit against the defendant who may have caused the death by intentional or negligent actions. The lawsuit gives the family the chance to seek compensation for their emotional and financial loss.

What is a Wrongful Death?

Claims for wrongful death are usually negligence cases. Negligence case is when the defendant was careless which caused an accident causing harm to the victim. For example, if the negligence of a party leads to the death of a loved one on a hunting trip, you may have a wrongful death suit. The party bringing the action must prove the four key elements:

  1. Negligence – the party must prove the defendant caused the death of the victim by carelessness or reckless actions
  2. Breach of duty – the party must prove that the defendant owed and then breached a duty to the deceased victim.
  3. Causation – the party must prove thatthe defendant negligence caused the death of the loved one.
  4. Damages – The death of the victim should have resulted in damages such as hospital fees, medical expenses and funeral/burial cost.

Wrongful death lawsuit is a civil action and is separate from the criminal prosecution. Therefore the burden of proof is set lower. Even without criminal charges, a family can bring a civil action against a defendant. Additionally, if a criminal court acquits a defendant of murder, the victim’s family may still have a cause of action in civil courtA court would take the two charges separately and one should not control the other.

Who Can Bring a Wrongful Death Suit?

Usually, survivors with a relationship to the deceased brings a wrongful death claim. The relationship to the victim construe differently from state to state.

In all states, a spouse can bring a wrongful death claim because the spouse can show a financial dependence on the deceased. Others who may be eligible to bring the claim may include parents of  unmarried children and children of the deceased. In some states sibling and grandparents may have the right to bring a lawsuit. But they would have a higher burden in proving closeness to the victim. Parents of minor children can bring a claim, but debate remains whether parents of adult children can bring a claim.
Bystanders with no relationship to the victims cannot bring a claim for wrongful death.

When to Bring a Wrongful Death Claim

Survivors can bring a wrongful death claim when a defendant kills their close relative by the harmful act of an intentional or negligent act. Some instances when a wrongful death claim can be brought includewhen then the victim dies because of

  • Intentional act
  • a criminal activity,
  • medical malpractice,
  • product defect,
  • occupational exposure and hazard,
  • supervised activities (day care, adult care, field trips) or
  • car related accidents involving negligence, including manufacturing defects.

What to Prove

To bring a wrongful death claim, one must prove that the

  1. defendant owed a duty of care to the victim,
  2. defendant breached they duty,
  3. death was caused by the breach and
  4. death caused damages that plaintiff can recover.

Damages

When calculating damages for the one who has brought a wrongful death claim, the jury looks at the victim’s earnings at the time of death and potential future earnings and losses. Some damages that can result from a wrongful death can include:

  • medical cost of the deceased victim
  • deceased person’s expected income
  • cost of services provided such as funeral and burial
  • loss of consortium
  • loss of support and income
  • lost of prospect of inheritance
  • value of services the deceased would have provided if still alive
  • loss of love and companionship

A court may award punitive damages to the victim’s family for a action. Punitive damages exceed compensation. A court or jury awards punitive damages mainly to punish the defendant for the harmful actions.

Hunting Accidents: Wrongful Death and Negligence Injuries

hunting accidents

During the last week of March of this year, an Illinois juvenile suffered non-fatal injuries after being shot in a hunting accident. The accident occurred on March 30, 2018 around 8:00 A.M. near southern Davison County in South Dakota. According to Conservation Officer Brian Humphrey of the South Dakota Game, Fish & Parks Departments, the Illinoisan was hunting snow goose when the gun that injured him appeared to not have its safe on and was bumped causing a round to fire at the juvenile.

While this incident occurred in South Dakota to an Illinois resident, many hunting accidents happen in the State of Illinois. According to the Department of Natural Resources, also known as the IDNR, “Hunting Incidents by Year Cumulative Report,” in 2015, a total of 308,878 hunting licenses were sold, and 41 fatal and non-fatal accidents were reported. This does not account for other accidents that were not reported to the IDNR.

[Read more…]

What Is Loss of Consortium?

What Is Loss of Consortium?Typically, personal injury claims are based on injuries the plaintiff sustained in an accident. Another kind of personal injury claim is based on the injury to the relationship between the plaintiff and his or her spouse. This is called a loss of consortium claim.

 

Loss of Consortium

 

Loss of consortium is the loss of benefits and enjoyment the surviving spouse had with his or her spouse. Surviving family members in wrongful death claims most commonly ask for this type of compensation. The surviving spouse can file a claim for the loss of support, companionship, society, and sexual relationship of the injured spouse.

 

Loss of Companionship

 

Such a claim can also be filed if the plaintiff survives but suffers catastrophic injuries that limit or otherwise permanently alter the relationship between plaintiff and spouse. A good example of this is if a spouse sustained complete paralysis and was no longer able to engage in the married relationship as he or she had before.

 

The Specifics of Filing a Claim

 

Loss of consortium is considered a general damage and not an economic one. The claim amount reflects the pain and suffering, shock, mental anguish, and emotional distress of the claimant.

 

To file a loss of consortium claim, the spouses must have been legally married at the time of the injury. An engaged or cohabiting relationship may not be enough to substantiate a loss of consortium claim.

 

The claim itself will be reduced by the comparative negligence (i.e., fault) of the injured spouse. For example, if the injured spouse were 25% at fault for the accident, the loss of consortium claim would be reduced by that percentage.

 

Work closely with an experienced personal injury attorney in Illinois if you have questions about loss of consortium claims. It can be difficult to successfully file a claim on your own. The claims process can be demanding of your time and energy. It may also require some emotionally difficult tasks, such as compiling documentation and evidence to substantiate the claim.

 

A compassionate attorney can walk you through the process step by step and help you submit a loss of consortium claim that reflects your suffering and fairly compensates you for your loss.

 

Getting the compensation you deserve shouldn’t be a battle, and Arlington Heights personal injury attorney Ronald F. Wittmeyer understands how you feel. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

 

 

 

 

 

About the Firm


Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

About Ron

Testimonials

The Law Offices of R.F. Wittmeyer, LTD
"Mr. Wittmeyer and staff are very knowledgeable, honest, and friendly to deal with. They will answer your questions and help you get the representation you need and deserve. They are very experienced and thorough with the cases they handle."

Client of Ron Wittmeyer
5 / 5 stars

More Testimonials